Kansas Relinquishment, Consent, Revocation laws

Who Must Consent:

In an independent adoption:

• By the living parents, unless found unnecessary.
  
• A legal guardian.
  
• The court having jurisdiction.

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In agency adoptions:

• An authorized representative of the agency may consent.

Consent of Adoptee:

A child 14 years or older, if of sound intellect, must consent to the adoption.

When Parental Consent is Not Needed:

The father:

• Has neglected or abandoned the child.
  
• Has failed to contact or support the child.
  
• Is unfit or incapable of consent.
  
• Failed to support mother during pregnancy.
  
• Abandoned the mother.
  
• Raped the mother.
  
• Failed to assume parental duties for 2 years.
  
  

When Relinquishment Can Be Signed:

• Mother may not give consent until 12 hours after child's birth and must be executed not more than 6 months before an adoption petition is filed.
  
• Presumably, a father can consent at any time.
  
  

How Relinquishment Must Be Signed:

• Consent shall be in writing and acknowledged before a judge or authorized officer.
  
• A minor parent may consent, but must be provided with counsel prior to execution, and counsel must be present when consent is signed.
  

Time for Revocation:

A consent is final when executed unless consenting party, prior to final decree of adoption, proves by clear and convincing evidence that consent was not freely and clearly given.

Adapted from materials prepared by the National Adoption Information Clearinghouse.